C.A. 4th;
D071715

The Fourth Appellate District affirmed a judgment. The court held that an electronics search condition, imposed as a condition of a first-time offender’s probation, was reasonably related to preventing his future criminality.

Daylo Trujillo pleaded guilty to attempted robbery and assault by means likely to cause great bodily injury. The trial court sentenced Trujillo to one year in county jail and three years’ formal probation, on condition, among others, that he submit his computer and recordable media to warrantless search upon request.

Trujillo appealed, challenging the electronics search condition.

The court of appeal affirmed, holding that the electronics search condition was neither unreasonable nor overbroad. It was undisputed that the electronics-search condition had no relationship to the crimes to which Trujillo pled guilty, and the condition related to conduct that was not criminal. Thus, the question was whether the condition was “reasonably related to future criminality.” The answer was yes. The trial court did not impose this condition as a matter of routine, but rather considered the specific facts relevant to Trujillo’s case. Nineteen-year old Trujillo, who had no prior criminal record, appeared to be a young man “at a crossroads.” The trial court concluded that in order for him to receive the supervision needed to succeed at probation, the probation department needed to be able to view the content of his computer and cell phone. The facts in this case supported this conclusion.